- 1 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103272 OF 2014 (MV-I) BETWEEN: THE MANAGER, ICICI LOMBARD MOTOR INSURANCE COMPANY LIMITED, ZENITH HOUSE, KESHAVRAO KHADE MARG, MAHALAXMI, MUMBAI-400 034, R/BY ITS BRANCH MANAGER, ICICI LOMBARD MOTOR INSURANCE COMPANY BANNIGIDA STOP, GOKUL ROAD, HUBBALLI (THE INSURER OF THE LORRY BEARING REGISTRATION NO.MH-12/FZ-5265), NOW REPRESENTED BY ITS LEGAL MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., IIND FLOOR, BELLAD BUILDING, GOKUL ROAD, HUBBALLI. … APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. TIMMANNA S/O NARAYAN BANDIWADDAR, AGE: 33 YEARS, OCC: MASON (GOUNDI), NOW NIL, R/O: BUDARKATTI, TQ: BAILHONGAL, DIST: BELAGAVI. 2. NAGAPPA S/O ARJUN BARAMANNAVAR, AGE: 33 YEARS, OCC: PVT. SERVICE, R/O: GUNDANATTI, TQ: KHANAPUR, DIST: BELAGAVI, NOW R/AT: KOTUR, TQ: DHARWAD, (OWNER OF THE MOTOR CYCLE NEW BAJAJ DISCOVER BEARING CHASSIS NO.15687). Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 3. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., CORPORATE OFFICE 4TH AND 5TH FLOOR, IFFCO TOWER, PLOT NO.3, SECTOR 29, GURAGAON, HARIYANA-122 001, THROUGH THE DIVISIONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., UNIT NO.3, 1477/78 MADATUNGA BUILDING, MAHADEVNAGAR, SANGLI, DIST: SANGLI, STATE: MAHARASTRA (THE INSURER OF THE MOTOR CYCLE NEW BAJAJ DISCOVER BEARING CHASSIS NO.15687). 4. SHIVANAND S/O KALLAPPA BYAHATTI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: KOTUR, TQ: AND DIST: DHARWAD. 5. MAHINDRA DAGADU MALI, AGE: MAJOR, OCC: BUSINESS, R/O: A AND P: NARHE AMBEGAON, TQ: HAVELI, DIST: PUNE, STATE: MAHARASHTRA, (THE OWNER OF THE LORRY BEARING REGISTRATION NO.MH-12/FZ/5265). … RESPONDENTS (BY SRI. K. ANANDKUMAR, ADVOCATE FOR R1; SRI. M.Y. KATAGI, ADVOCATE FOR R3; R2 AND R4-SERVED; R5-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 18.10.2014, PASSED IN M.V.C. NO.425/2011, ON THE FILE OF THE FAST TRACK COURT AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, by the Insurance Company (who is the insurer of lorry bearing registration No.MH-12/FZ-5265) challenging the liability fastened on it, being aggrieved by the judgment and award dated 18.10.2014 passed in MVC No.425/2011 on the file of Fast Track Court and Additional MACT, Dharwad (for short, ‘Tribunal’). 2. It is the case of claimant that, on 26.12.2010, at about 4.30 to 5.00 p.m., the claimant was standing on Tegur cross to go to his native place Budarkatti. When he was waiting for bus, at that time, the lorry bearing registration No.MH-12/FZ-5265 came from Belgaum to Dharwad with high speed and in a rash and negligent manner, dashed to the motorcycle bearing registration No.KA-25/EB-3460 and in turn, the said motorcycle dashed to the Bajaj Discovery motorcycle bearing Chassis No.15687 (for short, ‘Bajaj motorcycle’). The said Bajaj motorcycle dashed to the claimant, who was standing by the side of the road. Thus, in this way, making - 4 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 allegation against the driver of lorry, filed the claim petition seeking compensation. The Tribunal, upon considering the claim petition, has awarded compensation of Rs.2,48,587/- along with interest at the rate of 8% per annum by fastening liability on the insurer of lorry bearing registration No.MH-12/FZ-5265. 3. The learned counsel for the appellant/insurer of lorry submitted that in the complaint there is no connectivity between the lorry and injuries sustained by the claimant. Further, the only complaint is that the lorry has dashed the motorcycle bearing registration No.KA-25/EB-3460. But, in turn, there is no averment in the complaint that the motorcycle bearing registration No.KA-25/EB-3460 has dashed the Bajaj motorcycle, and in turn, it dashed to the claimant. Further it is submitted that there are two FIR and two charge sheets, which is unknown to law and in both charge sheets there is no connectivity between the motorcycle bearing registration No.KA-25/EB-3460 and Bajaj motorcycle, so as to say that, the claimant has sustained injuries, due to rash and negligent driving of the lorry bearing registration No.MH-12/FZ-5265. Therefore, submitted that the Tribunal has committed error in - 5 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 appreciating evidence on record and has wrongly fastened liability on the appellant/Insurance Company. Thus, prays to allow the appeal. 4. On the other hand, learned counsel for the claimant/respondent argued that the complaint discloses that there is connectivity between the lorry bearing registration No.MH-12/FZ-5265, motorcycle bearing registration No.KA-25/EB-3460, Bajaj motorcycle bearing Chassis No.15687 and to the claimant. Therefore, the claimant has sustained injuries in the accident, originated from driving of lorry with high speed and in a rash and negligent manner. Therefore, as per the connectivity between these three vehicles, the accident is caused and the claimant has sustained injuries, which is rightly appreciated by the Tribunal. Thus, prays to dismiss the appeal. 5. Upon the rival arguments and on perusal of records, the following points that arise for consideration: i) Whether, under the facts and circumstances involved in the case, the claimant proved that the driver of lorry has caused accident to the motorcycle bearing registration No.KA-25/EB-3460, resultantly - 6 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 this motorcycle hit the Bajaj motorcycle and consequently, this Bajaj motorcycle dashed the claimant, therefore, there is a connection of accident between the lorry and claimant, so as to claim compensation against the owner and insurer of lorry? ii) Whether the judgment and decree passed by the Tribunal requires any interference of this Court? 6. Ex.P2 is FIR in Crime No.253/10 of the Garag Police station dated 26.12.2010, upon the complaint being lodged as per Ex.P3. In Ex.P3-complaint, it is stated that the lorry bearing registration No.MH-12/FZ-5265 has dashed the motorcycle bearing registration No.KA-25/EB-3460 and this motorcycle has fallen on the ground. Thereafter, respondent No.1-complainant further stated in the complaint that the Bajaj Motorcycle has fallen on the ground and the claimant also fallen on the ground, as he was hit by the said Bajaj motorcycle. In the complaint- Ex.P3, there is no allegation of connectivity of accident between the motorcycle bearing registration No.KA-25/EB-3460 and Bajaj motorcycle. Accordingly, Ex.P9 is one more charge sheet in respect of the very same accident and of Crime No.253/2010 of same police station. It is alleged in the charge sheet that the driver of lorry bearing registration No.MH-12/FZ-5265 has - 7 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 dashed the motorcycle bearing registration No.KA-25/EB-3460. There are two FIR and two charge sheets, arising out of one First Information Statement. But, upon perusing two FIRs, as discussed, the allegations against accused are different, as the accused are arraigned as different. Ex.P1 is charge sheet, in which, it is alleged that the Bajaj motorcycle dashed the claimant. Whereas, Ex.P9 is another charge sheet, in which, it is alleged that the driver of lorry bearing registration No.MH- 12/FZ-5265 dashed the motorcycle bearing registration No.KA- 25/EB-3460. Upon considering these two FIRs and charge sheets, there is no connectivity of accident between two motorcycles i.e., KA-25/EB-3460 and Bajaj motorcycle. But the claimant has filed the claim petition against the owner and insurer of lorry bearing registration No.MH-12/FZ-5265. Therefore, when there is no connectivity shown in the complaint of accident between two motorcycles, the same is reflected in charge sheets after investigation. That, even during investigation made by the police, has adduced two charge sheets; there is no connectivity of accident between the motorcycle bearing registration No.KA-25/EB-3460 and Bajaj motorcycle. - 8 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 7. Therefore, there is no evidence on record to prove that the claimant had sustained injury in the accident consequential to the accident caused by the lorry bearing registration No.MH-12/FZ-5265. In this regard, the Tribunal has committed an error holding that the owner and insurer of the lorry are liable to pay compensation. It is not the case of the claimant that he has made claim against the owner and insurer of the Bajaj motorcycle. Therefore, the owner and insurer of the lorry are not liable to pay compensation. Therefore, judgment and award passed by the Tribunal holding the owner and insurer of lorry bearing registration No.MH-12/FZ-5265 is liable to be set-aside. Accordingly, I answer point No.(i) in the ‘negative’ and point No.(ii) in the ‘affirmative’. 8. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 18.10.2014 passed in MVC No.425/2011 on the file of Fast Track Court and Additional MACT, Dharwad is set aside. - 9 - HC-KAR NC: 2025:KHC-D:8321 MFA No. 103272 of 2014 iii. Further liberty is reserved to the claimant to proceed against the owner and insurer of the Bajaj Discovery motorcycle bearing Chassis No.15687 as per law. iv. The amount in deposit be refunded to the appellant forthwith. v. Draw modified award accordingly. vi. No costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP-para 1 to 6 RKM-para 7 to end CT:BCK LIST NO.: 1 SL NO.: 13